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Recreational Pot: Employers Can Still Forbid Use

Krystal Xiques smokes marijuana at a rally in support of Prop 64 at Sparc Dispensary in San Francisco.
Marcio Jose Sanchez/AP

Krystal Xiques smokes marijuana at a rally in support of Prop 64 at Sparc Dispensary in San Francisco.

Starting January 1, the state says adults over the age of 21 can legally use marijuana.

But employers might say otherwise.

How does the passage of ballot Question 2 affect drug policies in the workplace?

David Dornak is a lawyer with the law firm Fisher and Phillips. He told KNPR's State of Nevada that although possession of marijuana will be legal employers can still restrict employees from using with drug-free workplace policies.

He said some employers will be more relaxed about its use but others won't. Companies that hold federal contracts have to be strict about it or risk losing their contracts, because although it is legal in a handful of states it is illegal under federal law. 

Dornak said the most important thing is making it clear to employees what the policy is and making sure they know the policy. 

“The big thing is having a policy addressing what you want to do,” he said.

Some employers perform random drug testing. Others test based on "reasonable suspicion" like following a workplace accident. 

However, testing is still a gray area in the law. 

According to Dornak, there is no "firm line" for when someone is impaired. THC, the chemical in the marijuana plant that gives people the feeling of being high, can stay in a person's body for days after using the drug, but that doesn't always mean a person is impaired.

Dornak said technology and the law need to catch up to how people are viewing marijuana use now. 

David Dornak, lawyer, Fisher and Phillips 

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Kristy Totten is a producer at KNPR's State of Nevada. Previously she was a staff writer at Las Vegas Weekly, and has covered technology, education and economic development for the Las Vegas Review-Journal. She's a graduate of the Missouri School of Journalism.